The European Commission adopted today a directive
that establishes a common grading of the most common infringements to the
so-called "social rules" in the road transport sector (those that govern driving
hours and rest periods of professional drivers in the EU). Establishing a
typology of infringements on the basis of their seriousness will put an end to
the present situation, where the same infringement may be considered a minor
infringement in one country and a more serious infringement in another country.
This decision is the response of the Commission to concerns voiced by the road
transport industry over the lack of harmonised rules in this area, which
undermines fair competition and the smooth operation of businesses.

The new categorisation[1]
distinguishes three levels of infringements: minor infringements, serious
infringements and very serious infringements. The severity of an infringement
depends on its influence on road safety. Actions that make monitoring compliance
with social legislation impossible, such as fraud on the tachograph, are
classified as very serious.

The new categories of infringements should serve as the basis for the risk
rating systems that Member States are obliged to establish, according to the
control directive[2], in order
to better target checks on undertakings. Undertakings have to be rated according
to their controls record and to the infringements committed. Those with a high
risk rating will be checked more closely and more often.

As the common categorisation will also facilitate the exchange of information
between Member States, undertakings committing infringements abroad will be
controlled more closely by the Member State of establishment.

The text of the Commission directive amending the control directive can be
found here:

[1] It has been elaborated
by the Commission with the assistance of the committee on social legislation
relating to road transport, which comprises experts from the Member States and
the social partners.

[2] Directive 2006/22/EC on
minimum conditions for the implementation of Council Regulations (EEC) No
3820/85 and (EEC) No 3821/85 concerning social legislation relating to road
transport activities, Article 9